SAIYED RASHIDSHAH KHALIDSHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present successive application under Sec. 438 of the Code of Criminal Procedure, 1973, the applicant - original accused has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR registered as C.R No. 11191010211755 of 2021 before Madhavpura Police Station, District: Ahmedabad City for the offences under Ss. 376, 376(2)(n), 114 etc of the Indian Penal Code.

(2.) Heard Mr.J. M. Panchal, learned senior advocate for Mr.Soeb Bhoharia, learned advocate for the applicant and Mr.Tirthraj Pandya, learned Additional Public Prosecutor for the respondent ' State of Gujarat.

(3.) Mr.Panchal, learned senior advocate for the applicant submits that the applicant is innocent and has not committed any offence as alleged. He submits that the present applicant had preferred Criminal Misc. Application No.18264 of 2022 before this Court, which came to be disposed of as withdrawn by this Court vide order dtd. 6/12/2022. He submits that against the order dtd. 6/12/2022 passed by this Court in Criminal Misc. Application No.734 of 2022, the co-accused whose role is more than the present applicant approached before the Hon'ble Supreme Court by filing Criminal Appeal No.1429 of 2023 which came to be allowed and the co-accused is released on bail vide order dtd. 9/5/2023. He also submits that the co-accused has cooperated with the investigation and has not misused any liberty granted to him. He submits that the nature of allegations are such for which custodial interrogation at this stage is not necessary. He submits that besides the applicant will be available during the course of investigation and will not flee away from the justice. In view of the above, the applicant may be enlarged on anticipatory bail by imposing suitable conditions.